ARTILIARY

Terms of Use


BY VIEWING OR ACCESSING ARTILIARY.COM (HEREAFTER REFERRED TO AS “WEBSITE”), AND/OR USING ARTILIARY NETWORK GAMES, SOFTWARE, APPLICATIONS, PRODUCTS OR SERVICES OR SUBMITTING GAME ART. YOU EXPRESSLY AGREE TO THE FOLLOWING TERMS AND CONDITIONS (HEREAFTER REFERRED TO AS, "TERMS OF USE", “TERMS”) DETAILED BELOW ARTILIARY.COM AND ITS NETWORK. THESE TERMS GOVERN YOUR USE OF OUR WEBSITE, ALL ITS CONTENT, SOFTWARE, AND SERVICES OFFERED THEREON. BY USING OUR WEBSITE, YOU AGREE TO THESE TERMS AS WELL AS RECEIVING THE REQUIRED NOTICES AND TO TRANSACT WITH US VIA COMPUTER. IF YOU DO NOT AGREE WITH THESE TERMS, WE ADVISE YOU NOT TO USE OUR WEBSITE. WE MAY CHANGE THESE TERMS OF USE AT ANY TIME, YOU ARE RESPONSIBLE FOR CHECKING PERIODICALLY ANY CHANGES. THE MENTION “LAST MODIFIED” FOLLOWED BY A DATE, SHALL HELP YOU IN NOTICING CHANGES TO THESE TERMS. IF YOU DO NOT AGREE TO THESE FUTURE CHANGES TO OUR TERMS, PLEASE DO NOT CONTINUE TO USE OUR WEBSITE. IF YOU CONTINUE TO USE THE WEBSITE AFTER WE POST CHANGES TO THESE TERMS OF USE, YOU ARE SIGNIFYING YOUR ACCEPTANCE OF THE NEW TERMS. 1.2. ADDITIONAL TERMS CERTAIN AREAS OF OUR WEBSITE, WHERE YOU CAN DOWNLOAD OR UPLOAD FILES, MAY INCLUDE USAGE GUIDELINES AND RULES THAT WILL SUPPLEMENT THESE TERMS. BY USING THOSE SERVICES ON THE WEBSITE, YOU AGREE TO COMPLY WITH SUCH GUIDELINES AND RULES. 2. ELECTRONIC-DELIVERY POLICY AND YOUR CONSENT YOU AGREE THAT WE MAY ELECTRONICALLY PROVIDE YOU REQUIRED NOTICES, AGREEMENTS, AND OTHER INFORMATION CONCERNING THE WEBSITE. IF YOU NO LONGER AGREE TO RECEIVE NOTICES ELECTRONICALLY, PLEASE CEASE TO USE THE WEBSITE. 3. SERVICES AVAILABILITY ARTILIARY.COM AIMS TO PROVIDE A STABLE AND RELIABLE WEBSITE. HOWEVER, IT MAY HAPPEN THAT GAMES AND SERVICES ARE UNAVAILABLE DUE TO MAINTENANCE OF THE SYSTEM OR TECHNICAL PROBLEMS. ARTILIARY.COM MAY ALSO SUSPEND OR PERMANENTLY REMOVE ANY GAME OR SERVICE FOR ANY REASON WITHOUT YOUR CONSENT OR GIVING PRIOR NOTICE. ARTILIARY.COM WILL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR UPSET THAT YOU SUFFER AS A CONSEQUENCE OF A GAME OR SERVICE BECOMING TEMPORARILY OR PERMANENTLY UNAVAILABLE. 4. REGISTRATION AND LOGINS 4.1. REGISTRATION AND LOGINS YOU DO NOT NEED TO REGISTER TO ACCESS AND/OR USE OUR WEBSITE AND SERVICES. TO ENHANCE YOUR EXPERIENCE YOU CAN CREATE A USER PROFILE. TO CREATE AN ACCOUNT YOU NEED TO CREATE LOG IN FOR ARTILIARY ACCOUNT. WHEN CREATING AN ACCOUNT YOU MUST PROVIDE AN EMAIL ADDRESS AND A PASSWORD. A USERNAME MUST BE CHOSEN. BY REGISTERING VIA YOUR ARTILIARY ACCOUNT IDENTITY LINKED TO OUR WEBSITE, YOU AUTHORIZE US TO ACCESS YOUR ARTILIARY ACCOUNT IDENTITY LINKED TO OUR WEBSITE INFORMATION ON YOUR BEHALF. 4.2. USERNAME WE HAVE THE RIGHT TO REMOVE OR CHANGE YOUR USERNAME IF WE CONSIDER IT AS INAPPROPRIATE. 5. PRIVACY POLICY WE DESIGNED OUR PRIVACY POLICY TO MAKE IMPORTANT DISCLOSURES ABOUT OUR PRIVACY PRACTICES REGARDING ANY PERSONAL DATA YOU MAY PROVIDE US OR WE RECEIVE FROM YOU. FOR ALL QUESTIONS ABOUT HOW WE USE THE INFORMATION WE OBTAIN THROUGH YOUR USE OF THE WEBSITE, PLEASE VISIT OUR PRIVACY POLICY AT HTTPS://WWW.PIVACY.ARTILIARY.COM 6. YOUR RESPONSIBILITIES 7.1. USE OF THE WEBSITE YOU MAY USE THE WEBSITE FOR LAWFUL PURPOSES ONLY. BY USING OUR WEBSITE YOU MUST KEEP YOUR CONTACT INFORMATION UP TO DATE AND YOU MUST NOT SHARE YOUR PASSWORD OR LET ANYONE ACCESS YOUR ACCOUNT. 7.2. RESTRICTION OF USE YOU MAY NOT USE OUR WEBSITES: (I) FOR YOUR OWN COMMERCIAL GAIN; (II) TO OFFER ANY FORM OF ADVERTISING OR PROMOTION WITHOUT OUR PRIOR WRITTEN CONSENT; OR (III) TO PROVIDE ANY FALSE PERSONAL INFORMATION OR ANY INFORMATION, CONTENT, OR MATERIAL ON ACCOUNT OF ANYONE OTHER THAN YOURSELF WITHOUT PERMISSION. YOU MAY NOT USE OUR WEBSITE IN ANY MANNER THAT COULD DAMAGE, DISABLE, OVERBURDEN, OR IMPAIR OUR SERVERS OR NETWORKS OR INTERFERE WITH ANY OTHER PARTY'S USE AND ENJOYMENT OF THE WEBSITE. YOU MAY NOT ATTEMPT TO GAIN UNAUTHORIZED ACCESS TO ANY SERVICES, USER ACCOUNTS, COMPUTER SYSTEMS, OR NETWORKS THROUGH HACKING, PASSWORD MINING, OR ANY OTHER MEANS. WE MAY TAKE ANY LEGAL AND TECHNICAL MEASURES TO PREVENT THE VIOLATION OF THIS PROVISION AND TO ENFORCE THESE TERMS OF USE. YOU MAY NOT USE THE WEBSITE OR ANY OF OUR COMMUNICATION TOOLS TO TRANSMIT, DIRECTLY OR INDIRECTLY, ANY UNSOLICITED BULK COMMUNICATIONS (INCLUDING EMAILS AND INSTANT MESSAGES). YOU MAY NOT HARVEST INFORMATION ABOUT OUR USERS FOR THE PURPOSE OF SENDING (OR TO FACILITATE THE SENDING) OF UNSOLICITED BULK COMMUNICATIONS. YOU MAY NOT INDUCE OR ALLOW OTHERS TO USE THE WEBSITE TO VIOLATE THE TERMS OF THIS SECTION. WE MAY TERMINATE YOUR ACCESS OR USE OF THE WEBSITE IMMEDIATELY AND TAKE OTHER LEGAL ACTION IF YOU, OR ANYONE USING YOUR ACCESS TO THE WEBSITE, VIOLATE THESE PROVISIONS. WE MAY TAKE ANY TECHNICAL MEASURES TO PREVENT UNSOLICITED BULK COMMUNICATIONS FROM ENTERING, UTILIZING, OR REMAINING WITHIN OUR COMPUTER OR COMMUNICATIONS NETWORKS. 7.3. SUBMITTING ON THE WEBSITE YOU MAY NOT SUBMIT OR TRANSMIT THROUGH THE WEBSITE ANY INFORMATION, CONTENT, OR MATERIAL OR OTHERWISE ENGAGE IN ANY CONDUCT THAT: (I) VIOLATES OR INFRINGES THE RIGHTS OF OTHERS, INCLUDING, WITHOUT LIMITATION, PATENT, TRADEMARK, TRADE SECRET, COPYRIGHT, PUBLICITY, OR OTHER PROPRIETARY RIGHTS; (II) IS UNLAWFUL, THREATENING, ABUSIVE, HARASSING, DEFAMATORY, LIBELOUS, DECEPTIVE, FRAUDULENT, INVASIVE OF ANOTHER'S PRIVACY, TORTUOUS, CONTAINS EXPLICIT OR GRAPHIC DESCRIPTIONS OR ACCOUNTS OF SEXUAL ACTS, OR IS PORNOGRAPHIC; (III) VICTIMIZES, HARASSES, DEGRADES, OR INTIMIDATES AN INDIVIDUAL OR GROUP OF INDIVIDUALS ON THE BASIS OF RELIGION, GENDER, SEXUAL ORIENTATION, RACE, ETHNICITY, AGE, OR DISABILITY; (IV) IMPERSONATES ANY PERSON, BUSINESS, OR ENTITY, INCLUDING ARTILIARY AND ITS EMPLOYEES; (V) CONTAINS VIRUSES OR ANY OTHER COMPUTER CODE, FILES, OR PROGRAMS THAT INTERRUPT, DESTROY, OR LIMIT THE FUNCTIONALITY OF ANY COMPUTER SOFTWARE OR HARDWARE OR TELECOMMUNICATIONS EQUIPMENT, OR THAT OTHERWISE PERMIT THE UNAUTHORIZED USE OF A COMPUTER OR COMPUTER NETWORK; (VI) ENCOURAGES CONDUCT THAT WOULD CONSTITUTE A CRIMINAL OFFENSE OR GIVE RISE TO CIVIL LIABILITY; (VII) VIOLATES THESE TERMS OF USE, GUIDELINES, OR ANY POLICY POSTED ON THE WEBSITES; OR (VIII) INTERFERES WITH THE USE OF THE WEBSITES BY OTHERS. ANY INFORMATION, CONTENT, OR MATERIAL YOU HAVE CREATED AND SUBMITTED OR TRANSMITTED THROUGH OUR WEBSITE AND THAT IS COVERED BY INTELLECTUAL PROPERTY RIGHTS (OR SIMILAR RIGHTS) SHALL BE LICENSED TO US AS A NONEXCLUSIVE, TRANSFERABLE, SUB-LICENSABLE, ROYALTY-FREE, PERPETUAL, WORLDWIDE LICENSE, AND WE ARE ENTITLED TO USE SUCH INTELLECTUAL PROPERTY ON OR IN CONNECTION WITH THE WEBSITE. EXCEPT IN THE CASE WHERE WE HAVE SIGNED AN EXCLUSIVE AGREEMENT WITH YOU. WHEN YOU PROVIDE INFORMATION, CONTENT, OR MATERIAL AND USE THE PUBLIC PRIVACY SETTING, EVERY VISITOR TO THE WEBSITE WILL HAVE ACCESS TO SUCH INFORMATION, AND WE HAVE NO CONTROL OVER THAT INFORMATION OR WHAT USERS DO WITH IT. WE RESERVE THE RIGHT TO REMOVE ANY OF YOUR INFORMATION, CONTENT, OR MATERIAL FROM THE WEBSITE IF IT VIOLATES THESE TERMS OF USE. UNDER NO CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL ARTILIARY OR ANY THIRD PARTY CONTENT PROVIDER OR THEIR RESPECTIVE AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE ARTILIARY’S WEB SITES, SOFTWARE AND/OR SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE TO ASSUME ALL RISK RELATED TO YOUR USE OF ARTILIARY'S WEBSITE AND SERVICES, INLCUDING BUT NOT LIMITED TO, THE RISK OF COMMUNICATIONS WITH OTHER PEOPLE OR DAMAGE TO YOUR COMPUTER. 8. USER CONDUCT RULES USERS MAY BE BANNED OR ACCOUNTS SUSPENDED OR TERMINATED ON THE ENTIRE ARTILIARY NETWORK WEBSITES OR ANY GAME AVAILABLE ON OUR WEBSITE IF USERS USE INAPPROPRIATE LANGUAGE OR INAPPROPRIATE BEHAVIOR AS DETERMINED BY ARTILIARY. ARTILIARY IS NOT RESPONSIBLE FOR USER CONTENT, POSTINGS, CHAT, AND/OR COMMUNICATIONS. USERS ARE RESPONSIBLE FOR THEIR OWN ACTIONS. AGE RESRICTIONS THE ARTILIARY NETWORK WEBSITES OR ITS SERVICES ARE DESIGNED TO APPEAL TO A BROAD AUDIENCE. PERSONS UNDER 13 YEARS OF AGE CAN REGISTER AN ACCOUNT FOR CHILDREN UNDER THE GUIDANCE OF THEIR PARENTS OR GUARDIANS. ACCORDINGLY, IT IS THE PARENTS’ OR GUARDIANS’, OF SAID-CHILDREN, RESPONSIBILITY TO DETERMINE WHETHER ANY PORTION OF THE WEBSITE OR SERVICES IS INAPPROPRIATE FOR THEIR CHILD. MOREOVER, ANY PERSON ALLOWING UNDER 13 YEARS OLD TO ACCESS THE ARTILIARY NETWORK WEBSITES OR SERVICES, WITH ITS COMPUTER, INTERNET ENABLED DEVICE, INTERNET CONNECTION AND/OR FACILITIES (WHETHER OWNED, LEASED OR BORROWED) THAT SHALL ASSUME FULL LIABILITY FOR ANY CONSEQUENCES AND THAT UNDER NO CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE NEITHER ARTILIARY, ANY THIRD PARTY CONTENT PROVIDER NOR THEIR RESPECTIVE AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE BY USERS UNDER 13 YEARS OF AGE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 10. VIRUSES YOU UNDERSTAND THAT YOU ARE RESPONSIBLE FOR ENSURING THAT YOUR COMPUTER HAS SUITABLE ANTI-VIRUS SOFTWARE THAT IS UP TO DATE. WE WILL TAKE REASONABLE STEPS TO ENSURE THAT THE CONTENT ON THE SITE IS FREE FROM VIRUSES AND OTHER MALICIOUS SOFTWARE. WE SHALL NOT BE HELD RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT YOU SUFFER AS A CONSEQUENCE OF RECEIVING A VIRUS OR OTHER MALICIOUS SOFTWARE THROUGH USE OF OUR WEBSITE. WE SHALL NOT BE LIABLE FOR ANY LOSS OR CORRUPTION OF DATA THAT YOU SUFFER AS A CONSEQUENCE OF RECEIVING A VIRUS OR OTHER MALICIOUS SOFTWARE THROUGH USE OF OUR WEBSITE. 12. THIRD PARTY WEBSITES 12.1. LINKS TO THIRD PARTY WEBSITES OUR WEBSITE MAY INCLUDE LINKS TO OTHER WEBSITES OR RESOURCES. SINCE WE HAVE NO CONTROL OVER SUCH WEBSITES AND RESOURCES, YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR THE AVAILABILITY OF SUCH EXTERNAL SITES OR RESOURCES, AND DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR ANY CONTENT, ADVERTISING, PRODUCTS OR OTHER MATERIALS ON OR AVAILABLE FROM SUCH WEBSITES OR RESOURCES. OUR TERMS AND PRIVACY POLICY DO NOT APPLY TO YOUR USE OF THOSE OTHER WEBSITES AND RESOURCES. WE CANNOT GUARANTEE THE COMPLETENESS OR ACCURACY OF THE WEBSITES OR URLS TO WHICH WEBSITE'S SERVICES LINK OR REFER. THE PROCESS OF INCLUDING WEBSITES IN OUR WEBSITE’S SERVICES IS LARGELY AUTOMATIC. ARTILIARY DOES NOT SCREEN THE WEBSITES INCLUDED IN THE SERVICES, AND THESE OTHER WEBSITES ARE MAINTAINED BY PERSONS OVER WHOM WE EXERCISE NO CONTROL. FOR THESE REASONS, YOU FURTHER ACKNOWLEDGE AND AGREE THAT WE SHALL NOT BE RESPONSIBLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH WEBSITES OR RESOURCES. 12.2. THIRD PARTY ADVERTISEMENTS ARTILIARY ACCEPTS NO RESPONSIBILITY FOR ANY THIRD PARTY ADVERTISEMENTS THAT MAY APPEAR ON ARTILIARY WEBSITES. YOU UNDERSTAND THAT CLICKING ON A THIRD PARTY ADVERT LINK ENGAGES YOU. THIRD PARTY IS RESPONSIBLE FOR THAT ADVERT. WE HAVE NO CONTROL OVER THESE COMPANIES, OR OVER THE CONTENT OF THE WEBSITES. YOU FURTHER ACKNOWLEDGE AND AGREE THAT WE SHALL NOT BE RESPONSIBLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH WEBSITES OR RESOURCES. 13. DISCLAIMER REGARDING THIRD PARTY GAMES, APPLICATIONS OR SERVICES YOU HEREBY ACKNOWLEDGE AND AGREE THAT ANY THIRD PARTY GAME, APPLICATION OR SERVICE THAT MAY BE ACCESSED VIA WEL ARTILIARY NETWORK WEBSITES, SUCH AS BUT NOT LIMITED TO GAME THAT IS BEING PROVIDED TO YOU BY A THIRD PARTY PROVIDER AND NOT BY ARTILIARY. YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOUR USE OF ANY SUCH THIRD PARTY GAME, APPLICATION OR SERVICE MAY ALSO BE GOVERNED BY SUCH THIRD PARTY GAME, APPLICATION OR SERVICE PROVIDER"S TERMS OF USE, LICENSE AGREEMENT, PRIVACY POLICY, OR OTHER SUCH AGREEMENT. LICENSOR EXPRESSLY DISCLAIMS ANY LIABILITY IN CONNECTION WITH ANY SUCH THIRD PARTY GAMES, APPLICATIONS OR SERVICES OR YOUR USE THEREOF. 14. ARTILIARY.COM INTELLECTUAL PROPERTY RIGHTS ARTILIARY LOGO IS A TRADEMARK AND ARTILIARY TAKES OWNERSHIP OF ARTILIARY NAME, DOMAINS AND SUBDOMAINS AND LOGO. YOU AGREE NOT TO USE, COPY, DOWNLOAD OR EXPLOIT OUR TRADEMARK WITHOUT THE PRIOR WRITTEN CONSENT OF ARTILIARY. YOU AGREE NOT TO USE OUR TRADEMARKS, OR COPYRIGHTS, IN A MANNER THAT CREATES CONFUSION. CONSISTENT WITH TRADEMARK INFRINGEMENT LAW, YOU ARE PROHIBITED FROM USING ANY OF OUR TRADEMARKS. YOU MAY NOT REGISTER IN ANY JURISDICTION, A DOMAIN NAME USING ALL, OR A PART, OF OUR TRADEMARKS IN A MANNER THAT MAY IMPLY A PARTNERSHIP WITH US, OR THAT MAY CREATE, IN ANY WAY CONFUSION BETWEEN ARTILIARY.COM AND YOUR BRAND, SERVICES OR PRODUCTS. YOU MAY NOT IMITATE OUR TRADEMARKS, LOGO, OR OTHER ELEMENTS OF THE WEBSITE IN ANY OF YOUR ADVERTISING, ON YOUR PERSONAL WEBSITE, FOR PROMOTIONAL MATTERS OR OTHER MATERIALS. IN NO CASE SHALL YOU USE OUR COPYRIGHTS AND/OR TRADEMARKS IN A DISPARAGING OR DEGRADING WAY. 14.3. INDEMNITY YOU AGREE TO INDEMNIFY AND HOLD US AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, EMPLOYEES, PARTNERS AND LICENSORS HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEY’S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF THE CONTENT YOU SUBMIT, POST, TRANSMIT, MAKE AVAILABLE THROUGH THE SERVICES, YOUR CONNECTION TO THE SERVICES, YOUR VIOLATION OF THE TERMS, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER. 16. JURISDICTIONS THE LAWS OF THE CITY-STATE OF UNITED STATES OF AMERICA GOVERN THIS TERMS AND YOUR ACCESS TO AND USE OF INFORMATION FROM THE WEBSITE AND THE SERVICES, WITHOUT GIVING EFFECT TO CONFLICT OF LAWS PROVISIONS. THE COURTS OF THE CITY-STATE OF UNITED STATES OF AMERICA HAVE EXCLUSIVE JURISDICTION OVER ALL DISPUTES RELATING TO OR ARISING FROM THE EXECUTION OR PERFORMANCE OF THESE TERMS UNLESS ARTILIARY WISHES TO INITIATE LEGAL PROCEEDINGS IN YOUR HOME LEGAL DISTRICT. IN ALL JUDICIAL ACTIONS, ARBITRATIONS, OR DISPUTES RESOLUTION METHODS, THE PARTIES WAIVE ANY PUNITIVE DAMAGES.


Virginia, United States of America |